NYSNYS NEWS WEEK IN REVIEW for July 8-14: Silver wins appeal. Cuomo corruption trials may be pushed to 2018. 'Summer of hell' sees slip in polls for Cuomo.NYSNYS News

NYSNYS NEWS WEEK IN REVIEW for July 8-14: Silver wins appeal. Cuomo corruption trials may be pushed to 2018. 'Summer of hell' warnings produce slip in polls for Cuomo.

By Kyle Hughes
NYSNYS News

ALBANY, N.Y. (July 14) – Former Assembly Speaker Sheldon Silver's conviction is overturned. The trials of Gov. Andrew Cuomo's former top aides and donors may be pushed into 2018. "Summer of Hell" begins downstate as Cuomo's poll numbers suffer. Plus, a look ahead to next week.

A three-judge federal appeals panel threw out the corruption conviction of former Assembly Speaker Sheldon Silver (D-Manhattan) on charges that he made $4 million in illegal quid pro quo deals in which he performed official acts in exchange for bribes and kickbacks. He was also accused of money laundering.

The court said that the judge's instructions conflicted with a subsequent U.S. Supreme Court ruling in the corruption case involving former Virginia Gov. Bob O'Donnell that put limits on what may be defined as corruption on the part of a public official. The Supreme Court overturned O'Donnell's conviction on the basis that while he took more than $175,000 in gifts from a businessman, the meetings and other favors he did in exchange did not constitute corrupt conduct.

Prosecutors said they would retry Silver, 73, who had been sentenced to 12 years in prison but was free while awaiting the outcome of his appeal. Silver was considered by many to be the most powerful figure in New York state government from 1994 until he was arrested and stripped of his post in 2015

"We recognize that many would view the facts adduced at Silver’s trial with distaste," the court wrote in the decision. "The question presented to us, however, is not how a jury would likely view the evidence presented by the Government. Rather, it is whether it is clear, beyond a reasonable doubt, that a rational jury, properly instructed, would have found Silver guilty. Given the teachings of the Supreme Court in McDonnell, and the particular circumstances of this case, we simply cannot reach that conclusion. Accordingly, we are required to vacate the honest services fraud and extortion counts against Silver, as well as the money laundering count."

Silver was accused of funneling state grants to a Columbia University cancer researcher in exchange for the doctor referring patients with asbestos claims to Weitz & Luxenberg, a personal injury law firm that paid Silver referral fees.

In a second scheme, Silver was accused of using his unilateral control over legislation to get Glenwood Management and the Witkoff Group, two New York City real estate firms, to hire a law firm called Goldberg & Iryani to do their tax work. The firm paid Silver for steering the business there.

It is unclear what the decision's impact will be on the pending appeal of former Senate Majority Leader Dean Skelos and his son, also convicted in a separate corruption kickbacks and bribery case.

Some legal experts said the decision was not totally unexpected because of the O'Donnell ruling, saying that the case could be presented again with different jury instructions.

Editorial pages and advocates for Albany reform wrung their hands and condemned Silver and the decision. Gov. Andrew Cuomo offered a muted response.

"Before we do the dissection and the analysis of the legal theories, let it be fully litigated and then we’ll know where we wind up," Cuomo said at a stop in Buffalo.

Citing court documents, news outlets reported that the upcoming trial of several former top aides and campaign donors to Gov. Andrew Cuomo could be pushed into 2018, when Cuomo is expected to be in the midst of a campaign for a third term.

Reports said the trial could be split into two separate cases -- one involving the alleged bribes and kickbacks taken by Joe Percoco, Cuomo's former right hand man; and the other involving bid-rigging and kickbacks associated with the Buffalo Billion and other upstate economic development projects run by former SUNY Poly President Alain Kaloyeros.

The trial was scheduled to start in October, but defense lawyers in the case have cited scheduling conflicts. The Buffalo News also reported one of the defendants, western NY construction and real estate mogul Louis P. Ciminelli, has health issues that would require a delay. Ciminelli was a major Cuomo campaign donor, and got the contract to build the $750 million SolarCity factory in Buffalo that has yet to open despite work finishing a year ago.

Todd Howe, a former lobbyist and longtime aide to both Cuomo and his father Mario, pleaded guilty to all charges in the two corruption cases last year and is cooperating with federal prosecutors to help convict Kaloyeros, Percoco and six other defendants.

Two of the defendants work at Cor Development, a major Syracuse developer whose principals are top Cuomo donors. They are the only ones of the eight defendants who figure into both cases, the news site syracuse.com reported.

In more fallout from the cases, the Associated Press reported on Friday that SUNY Poly has undertaken the layoffs of 38 senior employees to save $10 million. Since Kaloyeros's arrest the college has seen projects cancelled or rolled back, delivering a blow to its reputation as one of the nation's fastest growing research institutions.

Bad news about breakdowns and delays in the New York City mass transit system and the "summer of hell" for commuters who use Penn Station have take a toll on Gov. Andrew Cuomo's standing with voters, the Quinnipiac Poll reported this week.

"Plagued by low grades for his handling of mass transit," Cuomo's job approval rating has fallen to 46 percent among all voters, and just 37 percent upstate, the poll found. His approval rating stood at 52 percent in March and is now near his all-time low of 43 percent in 2015.

"Cuomo is hurting in Albany and New Yorkers say he should fuhgeddabout Washington," said pollster Maurice Carroll. "This might change – it almost certainly will – when the 2020 presidential year comes along. But for now his New York neighbors don’t think Gov. Cuomo would be a good President and they don't want him to try for the job."

The poll came out in the first week of what Cuomo is calling the "summer of hell" thanks to emergency work at Penn Station, the busiest train station in the U.S. It serves commuters from Long Island, New Jersey and Amtrak, and it is in poor condition after decades of neglect.

The work has prompted restrictions on train traffic into the station, causing delays and other inconveniences for commuters. The entire mass transit system in New York City is struggling to cope with increased ridership at a time when tracks, signaling equipment, and train cars are all breaking down more frequently.

Cuomo has been unpopular in many parts of the state for much of his time in office, and has relied on solid Democratic support in downstate as a backstop. Pundits are speculating the problems with mass transit will spell trouble for his 2018 re-election campaign and any hope he has to run for president in 2020.

BOYLAND CONVICTION UPHELD: A court upheld the conviction of former Assembly member William Boyland Jr. on bribery charges. He appealed on the basis of the O'Donnell ruling that figured into Assembly Speaker Sheldon Silver's successful appeal. He is serving 14 years in federal prison, one of a number of former legislators currently behind bars.

TROOPER AMBUSH: State Trooper Joel Davis, 36, was shot and killed near Watertown while responding to a report of a domestic dispute. The gunman is a Fort Drum soldier who is also accused of killing his wife and wounding another woman at their home. The soldier has six felony convictions dating from when he was a teenager and planned a school shooting in his home state. Media reports indicted the man was recruited after the Army loosened its standards because of the need for soldiers during the Iraq War. Davis, a four year State Police veteran, leaves behind a wife and three children aged 13-18.

ANOTHER STEFANIK CHALLENGER: Rep. Elise Stefanik (R-Willsboro) got a fourth Democratic challenger this week, Emily Martz of Saranac Lake, who works at the business group Adirondack North Country Association. Stefanik's district includes the Adirondacks and huge portions of upstate New York north of the Mohawk Valley.

VIGIL FOR MILITARY CASUALTIES: A public vigil will be held Saturday evening near the Stewart Air National Guard Base in memory of the nine Stewart-based Marines and seven other service members who died in a plane crash Monday. 7 p.m. at Rock Tavern Congregation, 9 Tavern Road.

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STEWART BASE POLLUTION RALLY: Residents angered over continued discharges of contaminated water from Stewart Air National Guard Base are planning a public rally on July 15 at 11 a.m. on Route 300, by tanks set up to filter water from the City of Newburgh’s contaminated Washington Lake. Location is north of the intersection with Route 207 and across from Moroney’s Cycles.

CUOMO ADK CHALLENGE: Building on the success of Governor Andrew M. Cuomo’s historic investments to promote tourism across New York, you are cordially invited to participate in the 2017 Adirondack Summer Challenge to take place on Sunday, July 16.
This year’s event will consist of multiple recreational activities including: horseback riding, golf, hiking, fly fishing, a variety of paddling activities, an Adirondack motorcycle ride and much more. The day will culminate with a TASTE NY reception. Those who finish their activity early or who wish to enjoy the day without participating in the Challenge can take part in the Adirondack Challenge Festival at Byron Park – a celebration of New York’s beautiful Adirondack region with live bands, food tent, demonstrations, displays, activities for children and more.
RSVP NEEDED: All media wishing to attend are required to have proper credentials, which can be requested at Press.RSVP@exec.ny.gov. Please include the name of your media outlet, reporter, videographer and/or photographer, and whether you wish to participate in the white water rafting event. Deadline for RSVPs is July 14 at 9PM.

ADK AWARDS: Protect the Adirondacks is pleased to announce that its “Legislator of the Year Award” for 2017 will be awarded to Steve Englebright, Chairman of the State Assembly Committee on Environmental Conservation. This year, Chairman Englebright sponsored a bill to require conservation design for all major subdivisions in the Adirondacks and shepherded through, and vastly improved, a new Constitutional Amendment for Health and Safety Land Accounts in the Adirondacks. Chairman Englebright has been a bright shining light in the NYS Legislature who has worked for years to staunchly defend the natural resources and environment of New York.
PROTECT will also make its “Howard Zahniser Adirondack Award 2017” to Dick Booth, a former Adirondack Park Agency Board Member and a professor in Cornell University's Department of City and Regional Planning, located within the University's College of Architecture, Art, and Planning. This award recognizes Booth’s service on the APA Board from 2007 to 2016 where he distinguished himself in defense of the "forever wild" Forest Preserve and classified "Wilderness" lands in the Adirondack Park.
PROTECT will make these awards at its annual meeting on July 15, 2017 at the Heaven Hill Farm in Lake Placid. Members can register for the meeting at PROTECT's website: [CLICK HERE]

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HOMELAND SECURITY DEMO: College Fire Safety Demonstration and Information Session
WHO: NYS DHSES – NYS Office of Fire Prevention and Control WHEN: Monday, July 17, 2017 | 10:30 a.m. WHERE: Colonie Fire Training Center, 100 Wade Road, Latham, NY WHY: On average, almost 4,000 structure fires in dormitories, fraternities and sororities occur in the United States each year. As students prepare to begin or return to school this fall, there are things that they and their parents can do to make their college experience fire-safe. This event will provide information on today’s fire threats and offer tips that college students can use to be safer. The event will include a live-burn demonstration of a simulated student room. Fire safety experts will be available to explain the demonstration and to answer questions.

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HOCHUL 'VICE' EVENT: On Tuesday, July 18, Governor Andrew M. Cuomo’s Council on Community Reentry and Reintegration will host a panel discussion at VICE Media in Brooklyn, NY on the Work for Success Pledge. The Pledge is the first state-level online pledge in which businesses commit to consider hiring qualified candidates with criminal convictions.
The panel is hosted by VICE, which has signed the pledge, due to the success of the VICE Apprenticeship Program, which hires and trains formerly incarcerated people for production, editorial and creative jobs.
The event will feature Lieutenant Governor Kathy Hochul; New York Secretary of State Rossana Rosado; Alphonso David, Counsel to the Governor; Ron Bergamini, CEO, Action Environmental Group; Rachel Love, Director of Human Resources, VICE Media; Coss Marte, CEO and Founder, ConBody; Christopher Miller, Social Mission Activism Manager, Ben & Jerry’s; and Chris Watler, New York State Executive Director, Center for Employment Opportunities.

WHAT: Panel Discussion on The Work for Success Pledge: Utilizing the Skills and Talents of More New Yorkers
WHERE: VICE Media, 49 S. 2nd St., Brooklyn, NY (Enter at the corner of S. 2nd St. and Kent Ave.)
WHEN: Tuesday, July 18, 11:00 AM

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REGENTS MEETING: The University of the State of New York
Session Of The Board Of Regents
Monday July 17 and 18, 2017
State Education Department
89 Washington Ave.
Albany, New York

QUEENS RESOURCE FAIR: On Tuesday, July 18, Mayor Bill de Blasio and Queens Borough President Melinda Katz will host a City Resource Fair during City Hall in Your Borough week. Commissioners and other top representatives from City agencies will be available to answer Queens residents’ questions.

NYC SCHOOL MEETING: Public Meeting Of The Panel For Educational Policy
M.S. 131
Wednesday, July 19 2017
100 Hester St.
New York, NY 10001
6:00 PM

In accordance with City Council legislation, Panel meetings will now be live-streamed over the Internet. To access this service, please register here. Registration will remain open until the meeting’s adjournment. A recording and transcript will be posted to the Panel website following the meeting.
Please be aware that if you choose to attend this meeting, your image or voice, or the image or voice of your child, may appear in the live-stream footage, or in the recording that will be posted to the Panel website.

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HEALTH DEPARTMENT MEETINGS:

Thursday, July 20, 2017
The Public Health and Health Planning Council's Establishment and Project Review Committee will convene on Thursday, July 20, 2017 at 10:15 a.m. at the Empire State Plaza, Concourse Level, MeetingRoom 6, Albany.
Committee On Establishment and Project Review
Responsible for reviewing the CON applications involving construction, service changes, establishment, and transfers of ownership. Reviews the establishment of fundraisers, corporate name changes, and changes in certificates of incorporation.
The Committee will convene at 10:15 a.m.

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LCA LOB PRESS CONFERENCES: None scheduled.

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EPA PCB MEETING: On July 19, 2017, the U.S. Environmental Protection Agency will hold a public meeting at The Saratoga Hilton in Saratoga Springs, NY to discuss its second review of the cleanup of PCB-contaminated sediment in the upper Hudson River. This is the second meeting being held during the public comment period to present the findings of EPA’s second five-year review and to answer questions from the public.

On June 1, 2017, the EPA released for public comment its second five-year review report for the Hudson River PCBs Superfund site. The report is available at www.epa.gov/hudson. Written comments are being accepted until September 1, 2017.

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ESDC MEETINGS:

Meeting of the Directors of the New York Transportation Development Corporation, a local development corporation created under New York State Law.
When: Thursday, July 20, 2017, at 12:30 p.m.
Where: Empire State Development
633 Third Avenue – 37th Floor Conference Room
New York, NY 10017

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DI BLASIO TOWN HALL: On Wednesday, July 19, Mayor Bill de Blasio will host a town hall with residents of 22nd Council District, represented by Council Member Costa Constantinides in addition to Queens Borough President Melinda Katz, State Senator Michael Gianaris and Assembly Member Aravella Simotas.
Residents of the 22nd Council District are asked to RSVP via email at townhallrsvp@cityhall.nyc.gov or by calling (212) 748-0281.
Co-sponsors for the town hall include Astoria Houses Residents’ Association, Central Astoria LDC, Community Board 1, Greek American Homeowners Association, Hellenic American Neighborhood Action Committee, MAS Queens Ibn Sina Community Center and Steinway Astoria Partnership.

CUOMO PAY EQUITY MEETING: Governor Andrew M. Cuomo today announced the dates and locations for the upcoming pay equity hearings on June 26, July 11 and July 19. The hearings will focus on the causes, scope, and economic impact of the gender pay gap and will be held in New York City, Syracuse and Buffalo. They will be led by New York State Pay Equity Study Co-Chairs Lieutenant Governor Kathy Hochul and State Labor Commissioner Roberta Reardon.
Though New York’s wage gap is the lowest of any state in the nation according to federal data, women working in New York State earn 89 cents on average for every dollar earned by men. The wage gap is even greater for African-American women and Latinas, and pay inequity, regardless of ethnicity, is more severe in some upstate regions.
Governor Cuomo originally announced his intention to develop strategies to close the pay gap in New York State as part of his 2017 Excelsior Agenda. The Governor formally directed the Department of Labor to commence the study on April 4 – Equal Pay Day. Lieutenant Governor Hochul and Commissioner Reardon are tasked with submitting policy recommendations to close the wage gap by year’s end.

RACING FAN TOWN HALL: The New York Racing Fan Advisory Council (RFAC) will host a public town hall on July 19 with the Stewards that oversee races at The New York Racing Association (NYRA) tracks, as well as agents for the most successful jockeys in the country. Legendary jockey Richard Migliore will join the RFAC to participate in the panel discussions.
Among its mission to grow the fan base of New York horse racing, the RFAC is charged with educating fans on significant industry topics. This event presents an excellent opportunity for racing fans to learn about the intricacies of how decisions are made at the track each day.
“The Racing Fan Advisory Council is proud to host this inaugural event, which will provide an in-depth ‘behind-the-scenes’ look at how the decisions are made that impact the races we love,” said RFAC Chair Craig Alfred. “All race fans are invited to this special event on the eve of the Saratoga meet to learn more about this great sport.”
The event is free, open to the public and will feature two panels filled with anecdotes and Q&A:

SARATOGA RACING SEASON: Racing fans will be greeted by a series of exciting new attractions, perennial-favorite events and world-class thoroughbred racing when they return to the Spa for opening weekend of the 2017 racing season at Saratoga Race Course, Friday, July 21 through Monday, July 24.
The 2017 season will get underway July 21 with gates opening at 11 a.m. Post time for the first race is 1 p.m. Grandstand admission is $5 and clubhouse admission is $8.
Limited reserved seating in the clubhouse and reserved tables in the Miller Lite Picnic Paddock and Fourstardave Sports Bar are currently available for Opening Weekend through www.Ticketmaster.com.
Saratoga season admission passes are currently available for purchase online at www.NYRA.com/Saratoga and in-person at nearly 160 Stewart's Shops locations. Clubhouse admission passes are available in limited quantities.
Opening weekend will feature five graded stakes, including the traditional Grade 3 Schuylerville for two-year-old fillies on Opening Day. The meet's first Grade 1 event, the Diana, will be run on Saturday, July 22. The action will continue on Sunday with the Grade 1 Coaching Club American Oaks for three-year-old fillies.
The 2017 season will be marked by the Saratoga debut of NYRA XP, a new app that will enable fans to personalize and navigate their on-track experience through their mobile device. Fans who download NYRA XP will be able to learn about upcoming events, purchase tickets, find their seat location, bet through NYRA Bets, live stream races and customize their viewing experience from various camera locations, conduct wayfinding activities and, later in the meet, order food from on-track concessions and purchase reserved parking.

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ENCON EXAMS: Examinations for individuals seeking a license to practice the sport of falconry, become a volunteer wildlife rehabilitator, or use leashed tracking dogs to find wounded or injured big game animals are scheduled for Friday, August 11, 2017, the New York State Department of Environmental Conservation (DEC) announced today.
The exams are offered at most DEC regional offices across the state and start at 10 a.m. and end at noon. The list of Regional Offices can be found on DEC’s website. Due to construction at DEC’s Region 7 office in Cortland, that office will not host the exams. The Syracuse office in Region 7 will host the exams. The deadline for registering to take any of these exams is Friday, July 21. Exam Registration Forms can be found on DEC’s website at http://www.dec.ny.gov/permits/359.html. There is no charge to take any of the written exams.